The Housing Benefit (Abolition of Benefit Periods Amendment) Regulations (Northern Ireland) 2004

Explanatory Note

(This note is not part of the Regulations.)

These Regulations further amend the Housing Benefit (General) Regulations (Northern Ireland) 1987 (“the Housing Benefit Regulations”), the Housing Benefit (General) (Amendment No. 2) Regulations (Northern Ireland) 1996, the Housing Benefit (General) (Amendment No. 4) Regulations (Northern Ireland) 1997, the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001, the Housing Benefit (State Pension Credit) Regulations (Northern Ireland) 2003, the Housing Benefit (State Pension Credit) (Abolition of Benefit Periods Amendment) Regulations (Northern Ireland) 2003 and the Social Security (Back to Work Bonus and Lone Parent Run-on Amendment and Revocation) Regulations (Northern Ireland) 2003.

These Regulations abolish benefit periods in housing benefit.

Part 2 (regulations 2 to 23) contains amendments to the Housing Benefit Regulations. Regulations 2 to 4, 5 to 9, 14 to 20, 22 and 23 amend provisions in the Housing Benefit Regulations, omitting references to benefit periods and making consequential changes. Regulation 10 amends the provisions in the Housing Benefit Regulations relating to extended payments. Regulation 11 inserts new provisions in the Housing Benefit Regulations making provision for a circumstance in which entitlement to benefit ceases. Regulation 12 revokes provisions in the Housing Benefit Regulations that relate to the setting and ending of benefit periods. Regulation 13 amends regulation 68 of the Housing Benefit Regulations to specify the date a change of circumstances will take effect where entitlement to housing benefit ends. This regulation also makes changes consequent upon the introduction of the continuing payment provisions in regulation 11. Regulation 21 amends Schedule 5A to the Housing Benefit Regulations consequential upon the changes made by regulation 10 to the extended payment provisions.

Part 3 (regulations 24 to 26) contains transitional and saving provisions. Regulation 24 contains transitional provisions for renewal claims for housing benefit. Regulation 25 contains transitional provisions for the Northern Ireland Housing Executive’s rent decisions. Regulation 26 saves regulation 62A of, and Schedule 5A to the Housing Benefit Regulations for claimants who are treated as having claimed an extended payment or are in receipt of an extended payment on the date that these Regulations come into operation.

Part 4 (regulations 27 to 31) amends other Regulations. Regulation 27 amends regulation 16 of the Housing Benefit (General) (Amendment No. 2) Regulations (Northern Ireland) 1996, substituting for references to benefit periods references to awards of housing benefit. Regulation 28 amends regulation 5 of the Housing Benefit (General) (Amendment No. 4) Regulations (Northern Ireland) 1997 making changes consequential upon the abolition of benefit periods. Regulation 29 revokes regulations 9(b) of the Housing Benefit (State Pension Credit) Regulations (Northern Ireland) 2003. Regulation 30 revokes Parts 3, 4 and 5 (with listed exceptions) of the Housing Benefit (State Pension Credit) (Abolition of Benefit Periods Amendment) Regulations (Northern Ireland) 2003. Regulation 31 amends regulations 7 and 8 of the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001 to provide new effective dates for cases where a decision is superseded for a change of circumstances and that change is brought about because of a rent decision by the Northern Ireland Housing Executive. Regulation 32 revokes regulations 3 of the Social Security (Back to Work Bonus and Lone Parent Run-on Amendment and Revocation) Regulations (Northern Ireland) 2003.

These Regulations do not impose any charge on business.